Drafting Estate Plans

Hypotheticals raise the problems; sample forms solve them

Product Number: 2040317B00
Publication Date: 8/2/2021
Edition: 4th Edition 2021
Copyright: © 2021 MCLE, Inc.
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Drafting Estate Plans

Hypotheticals raise the problems; sample forms solve them

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Product Description
Product Description

With its many fact-driven issues, estate planning is perfectly suited to the hypothetical approach you will find in Drafting Estate Plans . A practical power source for your next estate planning drafting challenge, this book sets forth clear, real-life case studies, and then presents the drafting techniques and strategies you can use to tailor an estate plan precisely to your client's situation. The book covers such topics as the estate plan for a young couple with children, grandparents who wish to make bequests to their grandchildren, the married couple with a potentially taxable estate, the client who seeks a plan to perpetuate a family business, and the individual looking at retirement and beyond. The authors were selected for their particular expertise in each of the topic areas—so you gain the very best practices, caveats, tips and seasoned guidance.

Recent updates:
- Update: July 2021
  Dear Subscriber:
  
  Thank you for choosing to keep your copy of Drafting Estate Plans current with this fourth edition, reflecting updates for 2021. Inside, you will find new content on topics including the following:
  - The Nontaxable Estate. See chapter 2 for a newly drafted 2021 revocable trust found at Exhibit 2E. The document amends, among other sections, Article 2: "Provisions During the Donor's Lifetime," Article 4: "Special Rules," and Article 6: "Payment of Death Taxes and Administration Expenses." Chapter 2 also extensively amends other key documents, including the last will and testament found at Exhibit 2F.
  - Funding of Trust Issue. See chapter 3 for an enhanced hypothetical pertaining to the children who are death beneficiaries of their parents' respective qualified retirement plan accounts, and their option to convert their shares to inherited IRA accounts.
  - Planning for Older Clients. See chapter 4 for a new practice note alerting the reader to the City of Boston tax assessor's office requirement that a Boston resident be the trustee of any trust that holds title to the primary residence to preserve the residential real estate tax exemption. Read about the quandary that this presents for practitioners with Boston clients.
  - Outright Gifts During a Taxpayer's Lifetime. See chapter 6 for 2021 updates pertinent to the lifetime transfers of minimum required distribution amounts.
  - Uniform Transfers to Minors Accounts. See chapter 10 for a new practice note explaining how required minimum distributions can be paid directly to a trust to prevent access to funds pending a child's minority.
  We at MCLE trust that you will find this material useful in your practice and valuable in the maintenance of your law library.
  
  Cordially,
  
  Maryanne G. Jensen, Esq., MCLE Director of Publications
Table of Contents

Table of Contents
expand all

Chapter 1 expand

Introduction
Buy Chapter
Judith R. Mendel, Esq., Mendel & Associates
Elizabeth V. Newton, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Chapter 2 expand

The Single Individual or Couple With or Without Minor Children
Buy Chapter
Judith R. Mendel, Esq., Mendel & Associates
Elizabeth V. Newton, Esq., Mirick, O'Connell, DeMallie & Lougee LLP

Exhibit 2A
- Appointment Confirmation Letter Buy Form

Exhibit 2AA
- Will for Single Person with Adult Children Buy Form

Exhibit 2B
- Questionnaire Buy Form

Exhibit 2BB
- Will for Single Person Without Children Buy Form

Exhibit 2C
- Fee Agreement Buy Form

Exhibit 2D
- Fill-In Sheet Buy Form

Exhibit 2E
- Revocable Trust for Single Person with Minor Children Buy Form

Exhibit 2F
- Reciprocal Will Buy Form

Exhibit 2G
- Revocable Trust for Couple with Minor Children Buy Form

Exhibit 2H
- Durable Power of Attorney Buy Form

Exhibit 2I
- Health Care Proxy Buy Form

Exhibit 2J
- Advance Directive Buy Form

Exhibit 2K
- HIPAA Information Release Form Buy Form

Exhibit 2L
- Release of Electronically Stored Information Buy Form

Exhibit 2M
- Virtual Asset Instruction Letter Buy Form

Exhibit 2N
- Letter Enclosing Virtual Asset Instruction Letter Buy Form

Exhibit 2O
- Parental Appointment of Guardian Buy Form

Exhibit 2P
- Delegation of Parental Powers Buy Form

Exhibit 2Q
- Declaration of Homestead Buy Form

Exhibit 2R
- Synopsis Letter Buy Form

Exhibit 2S
- Executive Summary Buy Form

Exhibit 2T
- Estate Plan Diagram Buy Form

Exhibit 2U
- Beneficiary Designation Form Buy Form

Exhibit 2V
- Closing Letter Buy Form

Exhibit 2W
- Sample Reminder Letter Buy Form

Exhibit 2X
- Will for Married Couple with Adult Children Buy Form

Exhibit 2Y
- Will for Married Couple Without Children Buy Form

Exhibit 2Z
- Will (Pour-Over) for Single Person with Minor Children Buy Form

Chapter 3 expand

The Married Couple with a Taxable or Potentially Taxable Estate
Buy Chapter
Jon E. Steffensen, Esq., McLane Middleton

Exhibit 3A
- Estate Planning Questionnaire Buy Form

Exhibit 3B
- Jim Bond’s Trust Buy Form

Exhibit 3C
- Jim Bond’s Will Buy Form

Exhibit 3D
- Jim Bond’s Durable Power of Attorney Buy Form

Exhibit 3E
- Jim Bond’s Health Care Proxy Buy Form

Exhibit 3F
- Bond Family Life Insurance Trust No. 1 Buy Form

Exhibit 3G
- Bond Children’s Gift Trust Buy Form

Chapter 4 expand

Older Clients and Long-Term Care
Buy Chapter
Eric R. Oalican, Esq., Oalican Law Group LLC

Exhibit 4A
- Sample Deed with Life Estate Buy Form

Exhibit 4B
- Calculating the Value of a Life Estate or Remainder Interest in Real Estate Buy Form

Exhibit 4C
- MassHealth Eligibility Operations Memo 19-12 Buy Form

Exhibit 4D
- Will with Testamentary Trust Buy Form

Exhibit 4E
- Power of Attorney with Medicaid Planning Provisions Buy Form

Exhibit 4F
- Health Care Proxy Buy Form

Chapter 5 expand

Planning for Disabled Beneficiaries
Buy Chapter
Laura Goodman, Esq., Margolis Bloom & D'Agostino
Harry S. Margolis, Esq., Margolis Bloom & D'Agostino
Karen B. Mariscal, Esq., Mariscal Special Needs Law

Exhibit 5A
- Client Questionnaire Buy Form

Exhibit 5B
- Cover Letter to Clients with Drafts Buy Form

Exhibit 5C
- Darren’s Will Buy Form

Exhibit 5D
- Jill’s Will Buy Form

Exhibit 5E
- General Durable Power of Attorney of Darren Smith Buy Form

Exhibit 5F
- General Durable Power of Attorney of Jill Smith Buy Form

Exhibit 5G
- Health Care Proxy of Darren Smith Buy Form

Exhibit 5H
- Health Care Proxy of Jill Smith Buy Form

Exhibit 5I
- Darren Smith’s HIPAA Release Buy Form

Exhibit 5J
- Jill Smith’s HIPAA Release Buy Form

Exhibit 5K
- The Sara Smith Supplemental Needs Trust Buy Form

Exhibit 5L
- The Sara Smith (d)(4)(A) Trust Buy Form

Exhibit 5M
- Sara Smith’s Special Durable Power of Attorney for Matters Concerning Education Buy Form

Exhibit 5N
- The Sara Smith Supplemental Needs and (d)(4)(A) Trusts Trustee Instructions Buy Form

Chapter 6 expand

Making Charitable Contributions
Buy Chapter
Perry Ganz, Esq., Ganz Law Group

Chapter 7 expand

Family-Owned Businesses and LLCs
Buy Chapter
Jeffrey P. Hart, Esq., Tarlow, Breed, Hart & Rodgers, PC
Karen L. McKenna, Esq., Tarlow, Breed, Hart & Rodgers, PC

Exhibit 7A
- Client Questionnaire Buy Form

Exhibit 7B
- Will Buy Form

Exhibit 7C
- Durable Power of Attorney Buy Form

Exhibit 7D
- Health-Care Proxy Buy Form

Exhibit 7E
- Living Will Buy Form

Exhibit 7F
- Trust Buy Form

Exhibit 7G
- Delaware LLC Agreement Buy Form

Exhibit 7H
- Massachusetts Single-Member LLC Agreement Buy Form

Exhibit 7I
- Flowcharts Buy Form

Exhibit 7J
- HIPAA Authorization Buy Form

Chapter 8 expand

Planning Bequests or Gifts to Grandchildren
Buy Chapter
Melissa Langa, Esq., Bove & Langa, PC
Karen L. Witherell, Esq., Bove & Langa, PC

Exhibit 8A
- Language for Revocable Inter Vivos Trust Where Will Has Pour-Over Buy Form

Exhibit 8B
- Language in Will for Reverse QTIP Election Buy Form

Chapter 9 expand

Postmortem Planning
Buy Chapter
Magda L. Fleckner, Esq., Goulston & Storrs, PC

Exhibit 9A
- Waiver of Will Buy Form

Exhibit 9B
- Life Insurance Buy Form

Exhibit 9C
- Jointly Held Real Property Buy Form

Exhibit 9D
- Jointly Held Accounts Buy Form

Exhibit 9E
- Power of Appointment Buy Form

Exhibit 9F
- Bibliography Buy Form

Chapter 10 expand

Retirement Planning
Buy Chapter
Michael T. Baker, Esq., Baker Law Group, PC
Eric R. Cunnane, Esq., Goulston & Storrs, PC
Deborah Pechet Quinan, Esq., Ruberto, Israel & Weiner, PC

Exhibit 10A
- Uniform Lifetime Table (Effective Until 2022) Buy Form

Exhibit 10B
- Updated Uniform Lifetime Table (Effective for RMDs Beginning in 2022) Buy Form

Exhibit 10C
- Single Life Table Publication 590 (Effective Until 2022) Buy Form

Exhibit 10D
- Updated Single Life Table (Effective for RMDs Beginning in 2022) Buy Form

Exhibit 10E
- Sample Beneficiary Designation Attachment Buy Form

Exhibit 10F
- Sample Administrative Provisions for Trust Named as the Beneficiary of a Retirement Account Buy Form
Editors & Authors

Editor(s)

Judith R. Mendel, Esq., Mendel & Associates, Waltham

Elizabeth V. Newton, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Author(s)

Michael T. Baker, Esq., Baker Law Group, PC, Hingham

Eric R. Cunnane, Esq., Goulston & Storrs, PC, Boston

Magda L. Fleckner, Esq., Goulston & Storrs, PC, Boston

Perry Ganz, Esq., Ganz Law Group, Natick

Laura Goodman, Esq., Margolis Bloom & D'Agostino, Wellesley Hills

Jeffrey P. Hart, Esq., Tarlow, Breed, Hart & Rodgers, PC, Boston

Melissa Langa, Esq., Bove & Langa, PC, Boston

Harry S. Margolis, Esq., Margolis Bloom & D'Agostino, Wellesley Hills

Karen B. Mariscal, Esq., Mariscal Special Needs Law, Wellesley

Karen L. McKenna, Esq., Tarlow, Breed, Hart & Rodgers, PC, Boston

Judith R. Mendel, Esq., Mendel & Associates, Waltham

Elizabeth V. Newton, Esq., Mirick, O'Connell, DeMallie & Lougee LLP, Worcester

Eric R. Oalican, Esq., Oalican Law Group LLC, Raynham

Deborah Pechet Quinan, Esq., Ruberto, Israel & Weiner, PC, Boston

Jon E. Steffensen, Esq., McLane Middleton, Boston

Karen L. Witherell, Esq., Bove & Langa, PC, Boston

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Drafting Estate Plans

Hypotheticals raise the problems; sample forms solve them

Drafting Estate Plans

Hypotheticals raise the problems; sample forms solve them

Choose Format:

Product Description

Recent updates:

Table of Contents

Introduction

The Single Individual or Couple With or Without Minor Children

Exhibit 2A

Exhibit 2AA

Exhibit 2B

Exhibit 2BB

Exhibit 2C

Exhibit 2D

Exhibit 2E

Exhibit 2F

Exhibit 2G

Exhibit 2H

Exhibit 2I

Exhibit 2J

Exhibit 2K

Exhibit 2L

Exhibit 2M

Exhibit 2N

Exhibit 2O

Exhibit 2P

Exhibit 2Q

Exhibit 2R

Exhibit 2S

Exhibit 2T

Exhibit 2U

Exhibit 2V

Exhibit 2W

Exhibit 2X

Exhibit 2Y

Exhibit 2Z

The Married Couple with a Taxable or Potentially Taxable Estate

Exhibit 3A

Exhibit 3B

Exhibit 3C

Exhibit 3D

Exhibit 3E

Exhibit 3F

Exhibit 3G

Older Clients and Long-Term Care

Exhibit 4A

Exhibit 4B

Exhibit 4C

Exhibit 4D

Exhibit 4E

Exhibit 4F

Planning for Disabled Beneficiaries

Exhibit 5A

Exhibit 5B

Exhibit 5C

Exhibit 5D

Exhibit 5E

Exhibit 5F

Exhibit 5G

Exhibit 5H

Exhibit 5I

Exhibit 5J

Exhibit 5K

Exhibit 5L

Exhibit 5M

Exhibit 5N

Making Charitable Contributions

Family-Owned Businesses and LLCs

Exhibit 7A

Exhibit 7B

Exhibit 7C

Exhibit 7D

Exhibit 7E

Exhibit 7F

Exhibit 7G

Exhibit 7H

Exhibit 7I

Exhibit 7J